TENTATIVE 

Plaintiff Connect By American Family (“Plaintiff”) filed this subrogation action against defendants Lytaneja Larosa Edwards (“Edwards”), Lashea Nicole Johnson (“Johnson”), and Does 1 - 100 property damages Plaintiff paid to its insured, Delana Nettles Martinez (“Martinez”), arising from an automobile collision between Edwards and Martinez on September 28, 2020. Johnson’s only alleged liability in the matter is that she is the owner of the vehicle driven by Edwards.  

Plaintiff has dismissed Edwards and Does 1 to 100. Johnson (hereinafter, “Defendant”), the owner of the automobile involved in the incident, remains the sole defendant and against whom Plaintiff seeks default judgment.  

Plaintiff seeks default judgment in the amount of $28,595.95 against Edwards. This amount is comprised of $3,511.04 paid to its insured for medical benefits, and $25,084.95 in repair of the property.  

However, Cal. Veh. Code § 17151 limits liability of the owner to $15,000 for injury to one person, and $5,000 for damage to property. The amount sought against Edwards exceeds the statutory limit for property damage, and thus the Court will reduce the award accordingly from $25,084.95 to Cal. Veh. Code § 17151’s maximum cap of $5,000.  

For the personal injury claim, the Court grants the $3,511.04 paid and substantiated with evidence. There is no evidence to reach the statutory limit of $15,000. 

Lastly, Plaintiff is awarded costs in the amount of $531.50 for clerk’s filing fees and process server’s fees.  

Based on the foregoing, the application for default judgment filed on February 1, 2024 is GRANTED in the principal amount of $8,511.04, and $531.50 in costs, against defendant Lashea Nicole Johnson.     

Moving party is ordered to give notice.